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HomeMy WebLinkAbout2005-132 ; 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. 2005-132 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 05-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM CG-3, COMMERCIAL GENERAL, TO RU-l, RESIDENTIAL URBAN, FOR ONE PARCEL LOCATED ON THE SOUTHEAST CORNER OF KENDALL AVENUE AND THE FUTURE EXTENSION OF CAMPUS PARKWAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals (a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the Mayor and Common Council by Resolution No. 89-159 on June 2,1989. (b) WHEREAS, General Plan Amendment No. 05-02 to the General Plan of the City of 13 San Bernardino was considered by the Planning Commission on April 19, 2005, at a noticed 14 public hearing, and the Planning Commission's recommendation of approval has been 15 16 17 considered by the Planning Commission to further subdivide two existing graded lots to create an 18 19 considered by the Mayor and Common Council. (c) WHEREAS, Amended Tentative Tract Map No. 16509 (Subdivision No. 05-04) was additional nine lots within the previously approved subdivision, and the Planning Commission's 20 recommendation of approval has been considered by the Mayor and Common Council. 21 (d) WHEREAS, Amended Tentative Tract Map No. 16509 (Subdivision No. 05-04) was 22 found to have minor changes requiring an addendum pursuant to the California Environmental 23 Quality Act (CEQA) Section 15164. 24 25 26 27 28 (e) WHEREAS, an Addendum to the Mitigated Negative Declaration was prepared on April 5, 2005, and reviewed by the Environmental Review Committee and the Planning Commission who both determined that General Plan Amendment No. 05-02 would not have a significant effect on the environment and therefore, recommend that an Addendum to the 1 .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mitigated Negative Declaration be adopted in compliance with the California Environmental Quality Act (CEQA) and local regulations. (f) WHEREAS, the Mayor and Common Council held a noticed public hearing and fully reviewed and considered proposed General Plan Amendment No. 05-02 and the Plarming Commission and Environmental Review Committee recommendations and Planning Division Staff Report on May 16, 2005. SECTION 2. Addendum to Mitigated Negative Declaration NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council that the proposed amendment to the General Plan of the City of San Bernardino will not have a significant effect on the environment, and the Addendum to the Mitigated Negative Declaration heretofore prepared by the Environmental Review Committee as to the effect of this proposed amendment is hereby ratified, affirmed and adopted. SECTION 3. Findings BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San Bernardino that: A. The proposed amendment is internally consistent with the General Plan in that it meets General Plan Policy 1.14.13 (b), in that it permits the transfer of allowable units to lesser slopes category according to the following limits: land area from which density is transferred shall be restricted from future development. B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that any single family development will be required to comply with all applicable provisions of the Development Code. C. The proposed amendment would not impact the balance of land uses within the City in that the proposed property is adjacent to other residential uses in the RU-l district and is 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. consistent with General Plan Policy 1.14.13. The General Plan Amendment does not adversely impact the balance of land uses within the City. In'the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s) in that all required utilities and public services can adequately serve the site. SECTION 4. Amendment BE IT FURTHER RESOLVED by the Mayor and Common Council that: The Land Use Plan of the General Plan of the City of San Bernardino is amended by changing the land use designation from CG-3, Commercial General, to RU-l, Residential Urban, for 1.3 acres located on the southeast comer of Kendall Avenue and the future extension of Campus Parkway. This amendment is designated as General Plan Amendment No. 05-02 and its location is outlined on the map entitled Exhibit 1, and further described in Exhibit 2, copies of which are attached and incorporated herein for reference. General Plan Amendment No. 05-02 shall become effective immediately upon adoption of this resolution. SECTION 5. Map Notation This resolution and the amendment affected by it shall be noted on such appropriate General Plan maps as having been previously adopted and approved by the Mayor and Common Council and which are on file in the office of the City Clerk. 3 1 2 3 4 5 6 III 7 III 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6. Notice ofDetennination The Planning Division is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino certifying the City's compliance with California Environmental Quality Act in preparing the Addendum. 4 1 RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. 05-02 TO 2 THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM CG-3, COMMERCIAL 3 GENERAL, TO RU-l, RESIDENTIAL URBAN, FOR ONE PARCEL LOCATED ON THE SOUTHEAST CORNER OF KENDALL AVENUE AND THE FUTURE 4 EXTENSION OF CAMPUS PARKWAY. 5 6 7 8 9 10 11 12 13 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 16th day of ,2005, by the following vote, to wit: May Council Members NAYS ABSTAIN ABSENT AYES ESTRADA x LONGVILLE x MCGINNIS x 14 DERRY x 15 KELLEY 16 17 18 19 20 x JOHNSON x MC CAMMACK x Q~h.~ City'eJ.erk 21 22 23 24 Approved as to form 25 and legal content: 26 27 28 The foregoing resolution is hereby approved this May ,2005. TH V ALLES, Mayor of San Bernardino JAMES F. PENMAN City Attorney By: 5 EXHIBIT 1 CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS PROJECT: GPA 05-02 TT 16509 (SUB 05-04) HEARING DATE: 5/16/05 u NORTH .. I LEGEND: I Proposed GP A from CG-3, Commercial General to RU-l, Residential Urban. \ .~ ~ I __ l --, /' 1iefls~fI ~1U\Ul'8 e ?a~a~ ,/ . I I California State University San Bernardino I , I~ I~ !~ EXHIBIT 2 II '11'iITTTh-. '" ~ co i ! ! I ~ i i en 8 ; I '" 0 . '" z ! ; ! C;o.~ I,' b' :i~~1 : ~ Q. ~ ~~ I .- <!;......o ! Fi :;l;~2' 'lr\ ;!! mu U' ~~ ~cE I" z 0 . w ~ . 01... u i ! t ~ I ~fJii!1 ~~~i I ! I,. l; I" . wli:! ::illl'~ II,! '" ~I 'I~l. I ~ , ~ t i!,IHl.il~ I., I:; 11 !is ., : i lcll Iii iil j;! iI,' f: ~,.l r.,j I IIIP ii' - If :. ~l='l ~\lll! aiM ill d; i ! ' .;~! ~i~;, ii' I !!l~ 'II" ..1 '," ;'1 ii : 1m I!' , J ~i-I'I. li.1 i .. lli'I'! I ;1\ sllll :1: ~II' ~. I! ~ il' : I' ;~"I:i ~ c:. 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